Civil Rights
Jun. 22, 2002
Judge OKs Suit Against ADA Lawyer
SAN FRANCISCO - A federal judge has refused to dismiss a lawsuit filed against noted East Bay disability rights attorney Paul Rein by a former client who has acknowledged the suit is an act of vengeance.
Despite a number of declarations - including one by an Alameda County Superior Court judge - that the suit's allegations are false, U.S. District Judge Maxine M. Chesney in San Francisco found the suit contained a triable issue of fact worthy of further litigation.
Rein was sued in April by Oakland resident George Louie, an amputee who had been Rein's client in five previous disability access suits. Louie's suit claims that on April 24, 2001, the restroom in Rein's office was not up to the standards prescribed by the Americans With Disabilities Act. Americans With Disabilities Advocates v. Rein, C02-1967MMC.
In an interview last month, Louie said he filed the in pro per suit because "Paul started messing with me and now I'm fighting back."
The suit was filed on the last day possible under the one-year statute of limitations for lodging a civil complaint. Louie has acknowledged in subsequent court filings that the day he tried to use Rein's bathroom might actually have been previous to the day alleged in the suit.
Still, Chesney ruled that Louie's indecision about the date "does not constitute a dispositive admission that Louie did not attempt to use the restroom in question within the one-year limitations period."
Chesney also refused, as a matter of law, to grant Rein summary judgment on grounds Louie's extensive criminal history is enough to impeach his complaint.
Under state and federal law, a conviction for a crime of dishonesty can be used as evidence that a sworn declaration is not credible. However, Chesney wrote, "the Court cannot resolve credibility disputes on a motion for summary judgment."
In her order, released Monday, Chesney did dismiss the complaint in regards to Louie's nonprofit organization, Americans With Disabilities Advocates, because federal law prohibits nonlawyers from representing organizations. She said Louie could press the suit as an individual, however.
Rein expressed frustration Thursday that he has to continue fighting the suit, but said Louie is likely to regret moving forward.
"The longer this goes, the more chances Louie will have to commit perjury again and go back to prison," Rein said.
Louie could not be reached for comment.
Matthew King
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